BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012977 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ __x______ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012977 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012977 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his records to show he is authorized the Korean Service Medal. 2. The applicant states: a. As a member of the 6012th Army Supply Unit, Company F, he participated in direct support of the Korean War. b. He duties included working in the supply department where he was issued weapons, ammunition, gas masks, inclement weather equipment, clothing, and other related gear to member of his unit who deployed directly to the Korean Peninsula during the war. c. To the best of his knowledge, he was directed to remain at Nimitz Army Base on Guam in order to help close and hand over the operating base to the Guamanians during the Korean War. d. He was attached to the 4th Infantry Division, Guam. e. He was never the medal and based on his supporting role in his unit, he believes his record should be corrected. f. He was previously denied the Korea Defense Service Medal and he understands now that since he was not physically in Korea during the war, he is not eligible for that award. g. He believes he should be eligible for the Korean Service Medal due to his supporting role in the Pacific based in Guam. 3. The applicant provides copies of his DD Form 214 (Report of Separation from the Armed Forces of the United States) and Declaration of Legal Name Change. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant’s military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that the applicant’s records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. The applicant enlisted in the Regular Army in Los Angeles, California on 14 October 1948. He completed training as a general clerk. 4. After completing 3 years, 8 months, and 7 days of total net service, the applicant was honorable discharged on 20 June 1952, prior to the expiration of his term of service. His DD Form 214 shows he was awarded the Good Conduct Medal and that he had 1 year, 2 months, and 21 days of Foreign and/or Sea Service. His DD Form 214 does not show the location of his Foreign and/or Sea Service. 5. On 19 February 2014, the ABCMR denied the applicant's request for award of the Korea Defense Service Medal. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. DISCUSSION: 1. The applicant's contentions have been noted. However, according to the applicable regulation, the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. 2. The available record does not contain any evidence to show he served in Korea. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012977 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012977 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2